🇬🇧UK Constitution and Government Unit 5 – The Judiciary and Legal System

Key Concepts and Terminology

• Common law system based on legal precedent and case law rather than codified statutes
• Adversarial system where parties present their case before an impartial judge or jury
• Doctrine of parliamentary sovereignty holds that Parliament is the supreme legal authority and can create or repeal any law
• Rule of law requires that everyone, including government officials, is subject to the law and that laws are clear, publicized, and fairly enforced
  • Ensures equality before the law and prevents arbitrary exercise of power
• Separation of powers divides government into executive, legislative, and judicial branches to prevent concentration of power
• Judicial review allows courts to review and invalidate actions of the executive or legislative branches that violate the law or constitution
• Stare decisis is the principle that courts should follow previous judicial decisions when the facts are substantially the same
  • Promotes consistency, predictability, and fairness in the application of law

Historical Development of the UK Legal System

• Origins trace back to Anglo-Saxon customary law and the Norman conquest in 1066
• Common law developed through decisions of the royal courts (King's Bench, Common Pleas, and Exchequer) in the 12th and 13th centuries
• Equity law emerged in the 15th century to mitigate the rigidity of common law and provide remedies where common law was inadequate
• Acts of Union 1707 and 1800 created a unified legal system for England, Wales, Scotland, and Ireland (now Northern Ireland)
• Judicature Acts of 1873-1875 merged common law and equity courts into a single Supreme Court of Judicature
• Constitutional Reform Act 2005 established the Supreme Court of the United Kingdom as the highest court, replacing the Appellate Committee of the House of Lords
  • Aimed to enhance separation of powers and judicial independence

Structure of the UK Court System

• Supreme Court of the United Kingdom is the highest court for all civil cases and criminal cases from England, Wales, and Northern Ireland
  • Hears appeals on points of law of general public importance
• Court of Appeal is divided into the Civil Division and the Criminal Division
  • Hears appeals from the High Court, county courts, and certain tribunals
• High Court is divided into the Queen's Bench Division, Chancery Division, and Family Division
  • Deals with complex civil cases and has supervisory jurisdiction over lower courts
• Crown Court handles serious criminal cases and appeals from magistrates' courts
• County courts handle most civil cases (contract disputes, personal injury claims, etc.)
• Magistrates' courts deal with minor criminal offenses and preliminary hearings for more serious cases
• Specialized tribunals handle disputes in specific areas (employment, immigration, social security, etc.)

Role and Functions of the Judiciary

• Interpret and apply the law to the facts of individual cases
• Develop case law through the doctrine of precedent and the principle of stare decisis
• Protect individual rights and liberties against infringement by the state or other individuals
• Ensure that public authorities act within the scope of their legal powers (judicial review)
• Uphold the rule of law and ensure that government actions are lawful, rational, and procedurally fair
• Provide a check on the executive and legislative branches through the power of judicial review
  • Can declare actions or legislation incompatible with the European Convention on Human Rights (under the Human Rights Act 1998)
• Contribute to the development of the law by interpreting statutes and filling gaps in the law

Judicial Independence and Accountability

• Judicial independence is crucial for maintaining the rule of law and ensuring impartial administration of justice
• Judges are independent from the executive and legislative branches and make decisions based on the law and evidence
• Security of tenure protects judges from removal except for misconduct or incapacity
  • Ensures that judges can make decisions without fear of reprisal
• Judicial immunity protects judges from civil liability for acts done in their judicial capacity
• Judicial accountability is maintained through the appeals process, judicial conduct investigations, and parliamentary scrutiny
  • Judicial Conduct Investigations Office handles complaints about the conduct of judges
  • Lord Chancellor and Lord Chief Justice can discipline or remove judges for misconduct
• Judges are required to give reasons for their decisions, which enhances transparency and accountability

Appointment and Diversity of Judges

• Constitutional Reform Act 2005 established the Judicial Appointments Commission (JAC) to recommend candidates for judicial appointments
  • Aims to ensure a transparent, merit-based, and fair selection process
• JAC selects candidates based on their legal knowledge, skills, and personal qualities
• Lord Chancellor can accept, reject, or ask for reconsideration of JAC recommendations but must provide reasons for doing so
• Increasing focus on improving diversity in the judiciary to better reflect the society it serves
  • Initiatives to encourage applications from underrepresented groups (women, ethnic minorities, lawyers from non-traditional backgrounds)
• Judicial Diversity Committee works to identify and remove barriers to judicial appointment for underrepresented groups
• Progress has been made, but the judiciary still lacks diversity, particularly at higher levels

Landmark Cases and Their Impact

• Entick v Carrington (1765) established the principle that the executive must have legal authority for its actions
  • Recognized the right to privacy and the limits on executive power
• Carlill v Carbolic Smoke Ball Company (1893) established the principles of offer and acceptance in contract law
• Donoghue v Stevenson (1932) established the modern concept of negligence in tort law
  • Recognized the duty of care owed by manufacturers to consumers
• Gilham v Ministry of Justice (2019) extended whistleblowing protections to judges
  • Recognized the importance of judicial independence and the need to protect judges who raise concerns about the administration of justice
• Miller v Secretary of State for Exiting the European Union (2017) required parliamentary approval for triggering Article 50 to leave the EU
  • Affirmed the principle of parliamentary sovereignty and the role of the judiciary in interpreting constitutional principles
• R (Miller) v The Prime Minister (2019) ruled that the government's prorogation of Parliament was unlawful
  • Demonstrated the judiciary's role in upholding the rule of law and preventing abuse of executive power

Current Challenges and Reforms

• Increasing workload and limited resources strain the court system, leading to delays and backlogs
  • Reforms aim to streamline procedures, increase efficiency, and reduce costs
• Digitalization of the court system through online courts, video hearings, and electronic filing
  • Aims to improve access to justice and reduce the need for physical court appearances
• Cuts to legal aid have raised concerns about access to justice for vulnerable and low-income individuals
  • Reforms seek to strike a balance between controlling costs and ensuring adequate legal support
• Balancing the need for open justice with the protection of privacy and sensitive information in an increasingly digital age
• Maintaining public confidence in the judiciary amidst political and social tensions
  • Judges face criticism and accusations of bias from politicians and the media
• Ensuring that the judiciary adapts to changing social norms and values while upholding the rule of law
• Continued efforts to improve diversity and representation in the judiciary at all levels
  • Addressing barriers to entry and creating a more inclusive legal profession